HomeMy WebLinkAbout86 - Ordinances ORDINANCE NO. 86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING A GROWTH MANAGEMENT
PLAN TO REGULATE NEW RESIDENTIAL DEVELOPMENT IN THE CITY
OF RANCHO CUCAMONGA.
The City Council of the City of Rancho Cucamonga does ordain
as follows:
SECTION 1: PURPOSE AND PRIORITY
A. Findings
1. Unmanaged residential gr,wth in the City of Rancho Cucamonga
can overburden elementary, junior and senior high schools
in the community.
2. Unmanaged residential growth can strain public services
and result in the impairment of the health, safety and
welfare of Rancho Cucamonga.
3. Haphazard and disorderly growth patterns adversely affect
the City's and public agency's ability to provide adequate
public services for all developments.
4. Minimal architectural and site design criteria of residentia~
development can create a "tract" appearance in the community.
Such an appearance detrimentally affects the physical
character and image of the City of Rancho Cucamonga.
Further, lack of landscaping and design sensitivity can
diminish the environmental quality and economic well
being of the community.
5. Continued unmanaged growth can ~eriousl¥ impair the
City's ability to carry out the goals and policies of the
General Plan and can adversely affect the health and
welfare of the Community.
B. Purpose
A Growth Management Plan is designed to implement certain
primary goals, policies and objectives of the General Plan.
These goals constitute the purpose of a Growth Management Plan
and are as follows:
1. To preserve and enhance the physical character of the
community.
2. To help ensure that adequate school facilities for all
existing and future residential development in the City
of Rancho Cucamonga are provided.
3. To help ensure that adequate levels of public services
are provided for existing and future development in the
City of Rancho Cucamonga.
4. To ensure that minimum design quality in new developments
is provided to enhance the aesthetic, environmental,
historical and economic well being of the community.
5. To encourage use of energy conservation techniques in new
residential development.
6. To help maintain and improve levels of City administrative
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7. To encourage orderly development of residences within
areas more readily served by public services.
8. To encourage the development of master planned projects
which provide the service needs of the residents of those
projects.
9. To encourage the provision of a variety of housing types
and encourage affordable housing.
C. Scope
This ordinance shall apply to ail residential development
projects in the City of Rancho Cucamonga, as defined in Section
2.
SECTION 2: DEFINITIONS
For purposes of this Ordinance, the following terms shall have the
meaning indicated:
A. City - City in this ordinance refers specifically to the City
of Rancho Cucamonga.
B. Custom Lot Subdivision - A subdivision which creates parcels
to be sold in an undeveloped state to individual owners for
development of not more than four units per owner.
C. Growth Management Committee - A committee composed of members
of the Community Development Department, Community Services
Department, Fire District, Cucamonga County Water District,
and Police Department in charge of rating Residential Development
Projects per the criteria of the Residential Assessment System
established by the City Council.
D. Mandatory Criteria - Criteria considered essential for all
residential development.
E. Residential Development Project - Any development which will
result in the subdivision of residential lots and/or the
construction of new residential dwelling units includin~
single family, multi-family, apartments, condominiums, townhouses,
planned communities, planned unit developments, modular units,
condominium conversions of dwelling units which have not been
built prior to the effective date of this ordinance and mobilehome
parks.
F. Residential Assessment System - The measuring device, provided
by Resolution of the City Council and adopted concurrently
herewith, which is composed of a number of rating criteria
used for assigning point ratings to proposed residential
development projects.
G. Threshold Point Limit - The minimum number of points a project
is required to receive under the Residential Assessment System
in order to receive consideration for approval.
H. Total Development - The total review of a residential development
project including tentative tract map approval, unit placement,
landscaping, design review, etc.
I. Tract Subdivision - A subdivision which creates five or more
parcels to be developed as a whole by an owner or builder and
which hereby shall be required to re-apply as a Total Development.
Such re-application shall be required as a condition of tentatffve
tract approval which shall be satisfied prior to approval and
recordation of the final map.
Ordinance No. 86
Page ~
SECTION 3: EXEMPTIONS
The following projects shall be specifically exempt from the provisions
of this Ordinance.
A. Single family, duplex and triplex developments involving a
total of four (4) units or less provided that any such application
on a parcel shall be on a one time basis only for a two year
period from the date of issuance of a building permit for the
last unit on said parcel.
B. Residential land divisions involving four (4) lots or less
provided that any such application on a parcel having the same
zoning district shall be on a one time basis only for a two
year period from the date of issuance of a building permit for
the last unit of the project. Subdivisions for the sole
purpose of separating different zoning districts shall be
exempt from the provisions of this ordinance. Further divisions
of the residential portion of such subdivisions shall be
subject to the provisions of this ordinance.
C. Government subsidized senior citizen housing projects.
D. Renewable building permits issued prior to the effective date
of this ordinance.
E. Condominium conversions of dwelling units built prior to the
effective date of this ordinance.
F. Tentative tract maps approved prior to the effective date of
this ordinance.
G. Site Approval or Director Review applications approved prior
to the effective date of this ordinance.
SECTION 4: APPLICATION PROCEDURES AND FEES
A. Application
An application for a residential development project shall be
made to the Community Development Department and may be in one
of two forms: (1) Total Development package including
tentative tract map approval, unit placement, landscaping,
design review, etc., and (2) Custom Lot/Tract Subdivision
package. The following information shall be included in the
Total Development package and the Custom Lot/Tract Subdivision
package:
1. Cite Utilization Map including:
a. Vicinity Map to show the relationship of the proposed
development to adjacent development and surrounding
area (small inset map).
b. Use Layout Map showing the location and type of
proposed residential use or uses, the nature and
extent of open space, the extent of any other uses
proposed and indication of all adjacent uses.
2. Detailed Site Plan to include detailed information specified
in forms provided by the Community Development Department.
3. If residential development project is submitted as a
Total Development, then an Illustrative Site Plan to
include proposed and existing improvements, landscape
concepts and other elements as may be necessary to illustrate
the site plan shall be submitted.
Page
4. If residential development project is submitted as a
Total Development, then a Preliminary Architectural Plan
showing typicals of all sides of proposed buildings and
structures indicating materials to to used, trees, landscaping,
and shadows to give elevations graphic dimension shall be
submitted.
5. Conceptual grading and drainage plan and natural features
map showing a general indication of type, extent, and
time of grading as per requirements of the City's Grading
Ordinance.
6. Development Schedule of anticipated proposed project
including phasing.
B. Fees
Although no growth management review fees will be assessed any
residential development project, the normal fees for subdivisions,
director reviews, site approvals, appeals, extensions, etc.,
shall be assessed as per City Council Fee Resolution. Said
fees shall be non-refundable even in the event the threshold
point limit is not met.
SECTION 5: MANDATORY CRITERIA
Certain residential development criteria are considered essential to
ensure General Plan consistency and adequate public services for each
residential project. In the event services are not available to developers,
the builder, building associations and other individuals and groups are
encouraged to work with the school districts and other special districts
to solve respective problems in order that services may be available for
development. Letters from special districts identifying ability to
serve shall be issued based on non-exclusive, non-preferential criteria.
The Director of Community Development shall ensure that certain criteria
are met prior to final approval of any residential development project
subject to the provisions of this ordinance. Such criteria shall be
placed as conditions of approval which must be met prior to approval of
a final map for a subdivision or prior to issuance of building permits
for residential development projects other than subdivisions. Said
criteria shall be met in the following order:
A. Service Criteria
1. The proposed project must be consistent with the General
Plan. This criteria shall be met prior to meeting criteria
2.
2. The applicant shall submit to the Community Development
Director written certification from all affected elementary
and High School Districts that adequate school facilities
are or will be capable of accommodating students generated
by the proposed project. This certification shall be
obtained prior to meeting criteria 3.
3. The applicant shall submit to the Community Development
Director written certification from the affected water
district that adequate sewer and water facilities are or
will be available to serve the proposed project. For
projects using septic facilities allowable by the Santa
Ana Regional Water Quality Control Board and the City,
written certification of acceptability including all
supportive information shall be obtained and submitted to
the City.
Ordinance No. 86
Page 5
B. Appeals
Any aggrieved party who perceives unjustified or inequitable
demands by a service agency or agencies under the mandatory
criteria may appeal in writing to the Planning Commission
stating the justification for the appeal.
The Planning Commission will recommend to the City Council as
to the dispensation of the Appeal.
C. Mandatory Criteria Option
Mandatory criteria may be met by the establishment of private
service districts to provide public service capacity in lieu
of existing public service districts provided that such districts
do not violate any federal, state, county or local regulation
and are approved by the City Council.
SECTION 6: REVIEW AND PROCESSING PROCEDURES FOR RESIDENTIAL DEVELOPMENT
A. Establishment of a Residential Assessment System.
A Residential Assessment System adopted by the Council shall
establish five (5) basic categories and each category shall be
assigned a maximum total points which will then be divided
into sub-categories for rating purposes. The five basic
categories are: (1) Public Services, (2) Design Quality, (3)
Affordable Housing, (4) Planned Communities and Planned Unit
Developments (PUD), and (5) Orderly Development.
Applications for Total Development shall be rated by the
Growth Management Committee for (1) Public Services, (2)
Affordable Housing, (3) Planned Communities and Planned Unit
Developments (PUD) and (4) Orderly Development, and by the
Design Review Committee for Design Quality.
Applications for Custom Lot/Tract S~bdivisions shall be rated
by the Growth Management Committee for (1) Public Services,
(2) Site Orientation and Street Design and (3) Orderly Development.
After rating, if the project meets or exceeds the Threshold
Point Limit, the subdivision will proceed to the Planning
Commission for review and action. For those Custom Lot Subdivisions
that are proposed to be built as a whole or total project and
for Tract Subdivisions that have received Planning Commission
approval, re-application under Total Development, Section 1,
Resolution No. 79-74, shall be required as a condition of
approval to be satisfied prior to approval and recordation of
final map. Said re-application may be made at any time and is
not subject to the application review dates stated herein.
Projects shall be evaluated under the Residential Assessment
System Tri-annually by the Community Development Director.
Application submittal deadline dates and review dates shall be
as follows:
Review Period 1 - August l - November 30
Application filing period - August 1 - August 31
Review Period 2 - December i - March 31
Application filing period - December 1 - December 31
Review Period 3 - April 1 - July 31
Application ~ ~ling period - April 1 - April 30
(NOTE: The first application filing period shall be August 1,
1980).
Ord£nancc N~. 86
Page 6
A Threshold Point Limit shall be established by the City
Council as part of the Residential Assessment System. This
Threshold Point Limit shall constitute the minimum number of
points a project is required to achieve if it is to be given
consideration for approval by the Planning Commission.
Those tentative tract applications that were previously filed
under the County of San Bernardino but not approved by the San
Bernardino County Planning Commission shall not proceed with
processing or filing until Review Period 1 as stated above.
Within (5) days after the point rating determination, the
Community Development Director shall cause a written notice to
be mailed (certified) to the applicant stating the point
rating for his residential development project and whether his
application has received the required Threshold Point Limit
for further consideration by the Planning Commission.
B. Appeal of Ratings
Ratings of applications by the Growth Management Committee
and/or the Design Review Committee may be appealed to the
Planning Commission by an aggrieved person or body, public or
private, within fourteen (14) days after the day of decision.
The decision of the Planning Commission of any such appeal may
be appealed to the City Council by any aggrieved party in the
same manner and time limitations as are set forth for the
filing of an appeal with the Planning Commission. The decision
of the C~ty Council shall be final.
SECTION 7: PLANNING CObIMISSION REVIEW
Applications subject to the provisions of this ordinance and subject to
Planning Commission review and approval shall be evaluated in terms of
environmental review and clearance, subdivision review pursuant to the
State Subdivision Map Act, and residential development project review
pursuant to the Growth Management Plan.
The Planning Commission shall approve or deny the project after said
review. The Planning Commission shall also hear appeals of point
ratings as described in Section 6B.
SECTION 8: BUILDING PERMIT ISSUANCE
No building permits shall be issued for any residential dwelling unit
which is subject to the provisions of this Ordinance without approval as
provided herein.
SECTION 9: TIME LIMITS FOR APPROVAL
A. ~xpiration of Approval
The following provision shall apply to applications for Residential
Development Projects except as specifically exempted by Section
3 of this ordinance. Residential development projects approved
after the effective date of this Ordinance shall expire after
twelve (12) months from date of approval.
B. Extension of Tentative Subdivision Approval
A person who has filed a tentative subdivision may request an
extension of approval or conditional approval from the Planning
Commission by written application to the Community Development
Department. Such an extension request application must be
filed at least sixty (60) days before the approval or conditional
approval is due to expire. The application shall contain a
statement of the reasons for the extension and a detailed
description of the progress made towards meeting all the
Ordinance .X~o. 86
Page 7
conditions for final approval. If an extension is granted,
new conditions may be imposed and existing conditions may be
revised by the Planning Commission.
Any extension of a subdivision shall not exceed a period of
eighteen (18) months.
SECTION 10: ANNUAL REVIEW AND EXPIRATION
This Ordinance shall be reviewed annually by the City Council and Planning
Commission and shall be of no further force or effect after a period of
five (5) years from the date of adoption of this Ordinance, nnless
extended by Ordinance of the City Council.
SECTION 11: OTHER LAWS, ORDERS AND ORDINANCES
Nothing in this Ordinance shall be deemed to affect, annul or abrogate
any other laws or ordinances pertaining or applicable to the properties
and areas affected by this Ordinance, nor shall it be deemed to conflict
with any State laws, orders or requirements affecting such properties or
areas. In the event that a conflict does arise, the more restrictive
ordinance shall apply.
SECTION ]2: SEVERABILITY
The invalidity of any work, section, clause, paragraph, sentence, part
or provisions of this Ordinance shall not affect the validity of any
part of th£~ Ordinance which can be given affect without such invalid
part or parts.
This Ordinance shall be in full force and effect at 12:01 a.m. on the
3]st dav after its adoption.
SECTION 13: The Mayor shall sign this Ordinal~ce and the City Clerk
shall attest to the same, and the City Clerk shall cause the same to be
published within fifteen (15) days after its passage, at ~east once in
The Daily Report, a newspaper of general circnlation published in the
City of Ontario, California, and circulated in the City of Rancho
Cncamonga, California.
PASSED, APPROVED, and ADOPTED this 21st day of November, 1979.
AYES: Schlosser, Bridge, Palombo, Mikels, Frost
NOES: None
ABSENT: None
ATTEST: ~ay~O~~
C~ty Clerk